April 5, 2002
CLA-2-62:RR:NC:WA:357 H88461CATEGORY:CLASSIFICATIONTARIFF NO.:6201.93.3000; 6201.93.3511
Ms. Rebecca Funston
Tower Group International
850 SW 7th Street, Suite 100
Renton, WA 98055RE: The tariff classification of four men’s jackets and a man’s double jacket set from Taiwan and Cambodia
Dear Ms. Funston:
In your letter dated February 27, 2002, on behalf of Outdoor Products, Inc., you requested a classification ruling.
Five samples were submitted as follows: Style number 8200-I, “Windbreaker”, is a man’s hip-length jacket constructed of a woven 100% nylon fabric that has an acrylic coating for water resistance. The jacket is lined with a knit brushed 100% polyester tricot fabric.
The jacket has a fold-down pointed collar and a full front opening secured by five left-over-right snap closures. The garment features long sleeves with elasticized cuffs, two front slash pockets at the waist and a drawcord tightening through the bottom hem.
Style number 6075-I, “Insulated Jacket”, is a man’s hip-length reversible jacket. Both sides of the jacket are constructed of a shell composed of a woven 100% nylon fabric. One shell has a polyurethane coating. The other shell has an acrylic coating. The garment has a nonwoven 100% polyester batting insulation. The jacket features a neck warmer collar composed of a ribbed-knit fabric, a full front opening secured by a double pull zipper closure, long sleeves with ribbed-knit fabric cuffs and a ribbed-knit fabric waistband. One shell has two front pockets at the waist secured by a flap with a snap closure and a zipper pocket with two pencil pockets on the left sleeve. The other shell has two front slash pockets at the waist with a snap closure.
Style number 6090I, “Fleece-Lined Jacket”, is a man’s hip-length jacket constructed of a woven 100% nylon tactel fabric which has a polyurethane coating for water resistance. The jacket is lined in the body with a knit brushed 100% polyester fleece fabric and in the sleeves with a woven 100% nylon fabric which is quilted to a nonwoven polyester batting insulation. The jacket has a stand-up collar and a full front opening secured by a zipper closure that extends to the top of the garment’s collar. The jacket features long sleeves with ribbed-knit fabric cuffs, a ribbed-knit fabric waistband and two front pockets with zipper closures at the waist.
Style number 9005-I, “Insulated Parka”, is a man’s upper thigh-length jacket constructed of a shell composed of a woven 100% nylon oxford fabric which has a polyurethane coating for water resistance. The garment is lined with a woven 100% nylon taffeta fabric which is quilted to a nonwoven 100% polyester batting insulation. The jacket has a zip-off hood with a drawcord tightening, a fold-down collar composed on the outer surface of a fake fur fabric and a full front opening secured by a zipper closure. The garment features long hemmed sleeves with inner ribbed-knit fabric storm-cuffs, two hand warmer pockets above the waist, an inner drawcord tightening at the waist, two front pockets with flap closures below the waist, and two side seam vents with a snap closure at the hemmed bottom.
Style number 6525I, “Three-in-One Modular Jacket”, is a man’s double jacket set. The two-piece set consists of a hip-length outer jacket and a hip-length inner jacket that can be zippered together along the front edges and snapped together at the nape of the neck and at the wrist area so as to be worn as one garment. Although the garments are worn together, each garment can also be worn separately and will be classified as a separate garment.
The outer jacket is constructed of a shell composed of a woven 100% nylon oxford fabric which has a polyurethane coating for water resistance. The jacket is lined with a woven 100% nylon taffeta fabric. The jacket has a double collar. The fold-down pointed inner collar is composed of a nylon fabric. The detachable outer collar is composed of a fake fur on the outer surface and a woven nylon fabric on the inner surface, has a tab with a button closure at the neck and is held to the garment by buttons and snaps. The jacket features a full front opening secured by a double pull zipper closure, a secondary zipper for attaching the inner jacket, shoulder epaulets, long sleeves with a button closure on the cuffs, two chest pockets with button flap closures, two side seam pockets at the waist, an inner pocket and an elasticized rear waistband. A tab with a snap closure at the nape of the neck and a textile loop on the inner portion of each wrist are used for attachment of the inner jacket.
The inner jacket is constructed of a shell composed of a woven 100% nylon oxford fabric which has a polyurethane coating for water resistance. The jacket is lined with a woven 100% nylon taffeta fabric which is quilted in a diamond pattern to a nonwoven 100% polyester batting insulation. The garment has a round neckline, a full front opening secured by a double pull zipper closure, long hemmed sleeves and a straight cut hemmed bottom. The garment has a textile loop at the nape of the neck and a tab with a snap closure at each wrist area that are used for attaching the garment to the outer jacket.
The coating on each garment is not visible as that term is defined in the tariff, therefore HTS 6210 does not apply.
The garments are being returned to you as you have requested.
Style numbers 8200-I, 6075-I, 6090I, 9005-I and each garment of style number 6525I are eligible for classification as water resistant. If the jackets pass the water resistance test specified in the Harmonized Tariff Schedule of the United States (HTS), Chapter 62, U.S. Note 2, then the applicable HTS subheading for the garments will be 6201.93.3000, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers, water resistant. The duty rate will be 7.2 percent ad valorem.
If the jackets do not pass the water resistance test, then the applicable HTS subheading for the garments will be 6201.93.3511, which provides for other men's anoraks, windbreakers and similar articles of man-made fibers. The duty rate will be 28.1 percent ad valorem.
We note that style number 6075-I is marked with the country of origin by means of a fabric label sewn inside one of the pockets. The Customs Service has ruled that country of origin marking on reversible outerwear garments by means of a sewn-in label in one of the pockets and an additional hangtag affixed through the neck with a plastic anchor meets the marking requirements provided the label and hangtag are legibly, conspicuously and permanently marked in accordance with Section 304 TA (19 U.S.C. 1304) and 19 CFR Part 134.
Textile fiber products imported into the U.S. must also be labeled in accordance with the Textile Fiber Products Identification Act and the rules promulgated thereunder by the Federal Trade Commission, for which U.S. Customs does not issue rulings. Information on these labeling requirements may be obtained at the FTC website at WWW.FTC.GOV.
Style numbers 8200-I, 6075-I, 6090I, 9005-I, and each jacket of style number 6525I fall within textile category designation 634. Based upon international textile trade agreements products of Taiwan and Cambodia are presently subject to quota restraints and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 646-733-3047.
Sincerely,
Robert B. Swierupski
Director,